Agenda / Content Covered

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1. FLSA Essentials: Practically Applying the Most Recent Legal Perspectives
   9:00 - 10:00, Emily G. Barr, Walter J. Brand and Robert B. Ireland III
   1. Primary Duties Test: Recognizing the Top Pitfalls
   2. Salary Test Legal Essentials
   3. Independent Contractor Issues
   4. Off-The-Clock Work and Unauthorized Overtime
   5. Addressing Employer Errors: Essential Safe Harbor Policies to Have
2. Using Handbooks to Protect Against Legal Liabilities: With Example Policies
   10:15 - 11:00, Emily G. Barr, Walter J. Brand and Robert B. Ireland III
   1. Handbook Scope: How Much is Too Much?
   2. What Topics You Must Include: With Example Language
   3. Key Disclaimers You Can't Forget
   4. Avoiding Implied Contractual Relationships
   5. Essential Updates: NLRB and Other Concerns
   6. Updating Handbooks: With Checklists
3. HIPAA Best Practices for HR: Ensuring Confidentiality of Medical Information
   11:00 - 11:45, Ashley Eley Cannady and Bea Tolsdorf
   1. When Does HIPAA Apply to Employers?
   2. Requesting Protected Health Information (PHI): FMLA and Other Purposes
   3. Safeguarding PHI
   4. Putting PHI Policies in Place: With Examples
4. Hiring and Firing: Legal Do's and Don'ts for Crucial HR Functions
   12:45 - 1:45, Ashley Eley Cannady and J. Russell Dumas
   1. Crafting Legally Compliant Job Descriptions
   2. What Employers Can and Can't Ask About Criminal Backgrounds, Credit Histories, etc.
   3. How Enforceable are Non-Compete, Non-Solicit and Confidentiality Agreements?
   4. Verifying Immigration Status - E-Verify and Other Considerations
   5. Legally Defensible Termination Documentation
   6. Terminating Employees on Leave
   7. Separation Agreements and Releases: With Examples
5. Social Media Policies: Balancing Employer Needs and Employee Rights
   1:45 - 2:30, Bryce J. Denny
   1. Social Media and NLRA Violations for Non-Union Employers
   2. To What Extent May Employers Limit Social Media Use?
   3. Using Private Social Media Accounts for Business Purposes
   4. Using Social Media in Hiring Decisions
   5. Best Practices for Creating and Updating Social Media Policies
6. Drugs and Alcohol in the Workplace: Marijuana and Other Considerations
   2:45 - 3:30, Bryce J. Denny
   1. Accommodating Medical Marijuana Users: Do Employers Have to?
   2. Drug-Testing Considerations for Current and Prospective Employees
   3. Firing and Disciplining Medical Marijuana Users: Current Legal Perspectives
   4. Creating Drug and Alcohol Policies That Leave no Room for Interpretation
7. Employee Relations: Legal Solutions for Sensitive Workplace Issues
   3:30 - 4:30, Emily G. Barr, Walter J. Brand and Robert B. Ireland III
   1. Granting Employee Leave: FMLA, ADA and Other Considerations
   2. Return-to-Work Policies After Leave
   3. Disciplinary Actions
   4. Investigating Misconduct
   5. Answering Discrimination and Harassment Complaints
   6. Workplace Safety and Security Issues: Firearms, Disgruntled Employees, Domestic Violence, etc.
   7. Creating Performance Improvement Plans
   8. Employee Evaluations: Best Practices

Accreditation Details:

EMILY G. BARR is an associate attorney with the law firm of Watkins & Eager PLLC, where she focuses her practice in employment law. Prior to joining the firm, she served as law clerk to the Honorable David C. Bramlette III, United States District Court for the Southern District of Mississippi. Ms. Barr is a member of the Capital Area Bar Association, The Mississippi Bar (member, Board of Directors of the Young Lawyers Division 2019 - 2022), and the Jackson Young Lawyers. She earned her B.A. degree, magna cum laude, from the University of Georgia; and her J.D. degree, summa cum laude, from Mississippi College of School of Law.

WALTER J. BRAND is a member in the Jackson law firm of Watkins & Eager PLLC, where he heads the firm's employment and labor practice group. Mr. Brand has counseled and defended employers for more than 25 years. He represents employers across numerous economic sectors, including the automotive, poultry processing, propane, banking, financial, physician, hospital, and medical service industries. Mr. Brand is a member of The Mississippi Bar and the Employment Law Committee of the Defense Research Institute, for which he currently serves as regional newsletter editor for the Southern Region, and 1999 DRI Employment Law Monograph Sub-Committee chair. He received his B.B.A. and J.D. degrees, cum laude, from the University of Mississippi, where he was editor in chief of the Mississippi Law Journal.

ASHLEY ELEY CANNADY is a partner in the Jackson office of Balch & Bingham LLP. Her practice focuses on defending employers and management in employment-related disputes before courts and administrative agencies, including disputes involving allegations of discrimination, harassment, retaliation, wrongful discharge, failure to accommodate, FMLA interference, and other related state and common law claims. Ms. Cannady also regularly represents clients in contract disputes and business litigation. She earned her B.A. degree, cum laude, from the University of Mississippi; and her J.D. degree, summa cum laude, from the University of Mississippi School of Law. She is a member of the American Bar Association, The Mississippi Bar, and Mississippi Women Lawyers Association. Ms. Cannady is admitted to practice before all Mississippi state courts; the United States District Court for the Southern and Northern districts of Mississippi; the United States Court of Appeals for the Fifth Circuit; and the Supreme Court of the United States.

BRYCE J. DENNY is the owner of Bryce J. Denny Attorney, where he primarily practices labor and employment law. Mr. Denny is admitted to practice in both Texas and Louisiana. He was reappointed in 2017 to a three year term on the Louisiana State Bar Association's Labor Law Advisory Commission. He is a member of the State Bar of Texas and the Louisiana State Bar Association. Mr. Denny earned his B.A. degree from Austin College in Sherman, Texas and his J.D. degree from Baylor University.

J. RUSSELL DUMAS is an attorney in the Jackson office of Balch & Bingham LLP. Mr. Dumas focuses on labor and employment and related litigation matters. He advises and advocates for employers and businesses in a wide-range of employment issues. Mr. Dumas received his B.A. degree from Mississippi State University and his J.D. degree from Mississippi College School of Law. He is admitted to practice in Mississippi and Alabama and is a member of the Mississippi Bar Association.

ROBERT B. IRELAND III is a member at Watkins & Eager PLLC. He has handled and assisted with all aspects of a wide variety of litigated matters, through trial and appeal, in both state and federal courts, as well as in arbitration proceedings. He has also appeared before municipal and county authorities on numerous zoning related matters. Mr. Ireland has extensive litigation experience in the areas of product liability, trucking, employment discrimination (Title VII, ADA, ADEA, FLSA), construction, zoning, and landlord/tenant, and also handles other general and commercial litigation matters. He served as a law clerk for United States District Judge Sharon L. Blackburn, Northern District of Alabama. Mr. Ireland earned his bachelor's degree from the University of Alabama and his J.D. degree, cum laude, from the University of Mississippi.

BEA TOLSDORF is a partner in the law firm of Balch & Bingham LLP, where her practice focuses on healthcare regulatory and compliance work. She provides advice to clients ranging from individual practitioners to large hospital systems on a wide variety of issues, including Medicaid and Medicare reimbursement, issues related to certificate of need, federal and state licensure and certification, professional board licensure, audits, and compliance issues such as HIPAA, the False Claims Act, Stark and Anti-Kickback. Ms. Tolsdorf received her B.A. degree from the University of Mississippi and her J.D. degree from Mississippi College Scholl of Law. She is a member of The Mississippi Bar and the American Health Lawyers Association.